Michelle Smith, The Assistant Chief Counsel for ICE confirmed recently at a CLE that a legal alien who pleads guilty or is convicted of either DUID (Driving Under the Influence of Drugs) or DUI and child abuse (e.g., a child passenger) is subject to deportation. The only "child abuse" in these cases is the presence of a child in the car of the intoxicated driver.
This can be a hidden consequence for a non-citizen client who pleads guilty to DUI with the aggravating factor of transporting a minor 17 years or under. Many attorneys are not aware of the extreme consequence to the non-citizen of just pleading him or her guility to DUID or DUI with a passenger 17 years of age or younger in the vehicle.
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